Friday, 3 August 2012

Tests laid down to distinguish shares gains as LTCG/STCG vs. business profits

CIT vs. Vaibhav J. Shah (HUF) (Gujarat High Court)


The assessee offered the gains from buying and selling shares as LTCG/ STCG. The AO held that the assessee was “dealing heavily in shares” with high frequency and magnitude and that the gains were assessable as business profits. This was reversed by the CIT (A) and Tribunal. On appeal by the department to the High Court, HELD dismissing the appeal:

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Bombay High Court Clarifies Tax Exemption Eligibility for Venture Capital Funds

  In a significant ruling, the Bombay High Court has reaffirmed that a Venture Capital Fund (VCF) registered with SEBI is entitled to claim ...